Research On The Third Party’s Infringement On Claims System

In the tradition of civil law,The violations mainly targeted absolute moral rights,property rights,intellectual property rights and so on. It is generally believed that theclaims is not the object of tort against,which is a relative right. The creditor may onlyrequest the debtor to take the responsibility of debt does not be fulfilled, if the debtcan not be implemented correctly.However, with the economic and socialdevelopment, claims, in particular, the contract has become the primary means andpurpose of adding value of market liquidity and wealth. Because of high incidence ofthird person through a variety of ways against claims, rely solely on debt to performsystem in contract law has not effectively protect the interests of creditors. In order totake account of the interests of the main parties, give creditors more comprehensiveprotection, protect of creditor role effectively, the national civil law theory andjudicial practice began to explore more effective creditor protection approach. Thethird person against the claims system has become the focus of controversy. So thisarticle will around third party infringement claims system, discuss mainly from thefollowing four parts.The first part, from the origin of the third person against the claims system, to theemergence of the traditional claims against third party infringement claims first inthe UK, author have an analysis on the British social environment and typical cases (Lumley V.Gye and BowenV. Hall), to show the germination and development of thethird party infringement claims system.The second part, discusses the third party against the claims system in the courseof development of the countries and Taiwan, China,with comparatively research onthe third party against the claims system.Common law and Civil law against thirdparty claims system have experienced from negative to positive process. And thesystem has become mature by judicial practice and theoretical research.States andTaiwan on a third party against the claims system theory of the explore and judicialpractice,which has a good reference on the building of third party infringement claimssystem.The third part, on the basis of the first two parts discussed, I believe that ourcountry is necessary to establish a system of third party infringement claims. From thechanges in the status of the debt, the need to practice, to the successful use of the thirdperson against the claims system in various countries and regions, reveals the need forthe establishment of third party infringement claims.In addition, this section discussesthe constituent elements of the third party infringement claims system of China.The fourth part is the type of analysis of the case of third party claimsagainst.This section discusses the theoretical basis and the specific type of third partyinfringement claims system typed, which make the system, has formed a third partyinfringement claims system,able to be effectively used in practice.